HR0005 96TH GENERAL ASSEMBLY

HR0005 LRB096 04262 RCE 14308 r

HOUSE RESOLUTION

WHEREAS, Section 14 of Article IV of the Illinois Constitution provides that the House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment; and

WHEREAS, In furtherance of that power, on December 15, 2008, the House of Representatives of the Ninety-Fifth General Assembly unanimously adopted House Resolution 1650 creating a Special Investigative Committee for the purpose of (i) investigating allegations of misfeasance, malfeasance, nonfeasance, and other misconduct of Governor Rod R. Blagojevich and (ii) making a recommendation as to whether cause exists for impeachment; and

WHEREAS, In recognition of the gravity of the inquiry, the Special Investigative Committee made a thorough investigation by holding hearings, taking evidence, hearing arguments, and faithfully deliberating; and

WHEREAS, The Special Investigative Committee gave the Governor the opportunity to appear before the Committee and participate in its proceedings and afforded the Governor more than adequate procedural rights and safeguards; and

WHEREAS, The Governor declined several invitations of the Special Investigative Committee to personally appear before the Committee; and

WHEREAS, The Special Investigative Committee developed an extensive record of documentary evidence, written and oral testimony, written and oral argument, and transcripts of its proceedings (the "Committee Record"); and

WHEREAS, In accordance with House Resolution 1650 of the Ninety-Fifth General Assembly, the Special Investigative Committee filed its Final Report with the House of Representatives (the "Final Report") on January 8, 2009, which is adopted and incorporated as if fully set forth herein; and

WHEREAS, The Final Report of the Special Investigative Committee recommended that Rod R. Blagojevich, Governor of the State of Illinois, be impeached for cause; and

WHEREAS, The House of Representatives is empowered under Section 14 of Article IV of the Illinois Constitution to impeach Rod R. Blagojevich, Governor of the State of Illinois; and

WHEREAS, On January 9, 2009 the House adopted House Resolution 1671 of the Ninety-Fifth General Assembly and thereby impeached Governor Rod R. Blagojevich; and

WHEREAS, The House of Representatives of the Ninety-Sixth General Assembly chooses to reaffirm the actions taken by the House of Representatives of the Ninety-Fifth General Assembly in its adoption of House Resolution 1671; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that Rod R. Blagojevich, Governor of the State of Illinois, is impeached for cause and that the following article of impeachment be exhibited to the Senate for trial as provided in the Illinois Constitution so that the Senate may do justice according to law:

ARTICLE OF IMPEACHMENT EXHIBITED BY THE HOUSE OF

REPRESENTATIVES IN THE NAME OF ITSELF AND THE PEOPLE OF THE

STATE OF ILLINOIS AGAINST ROD R. BLAGOJEVICH, GOVERNOR OF THE

STATE OF ILLINOIS, IN MAINTENANCE OF THE IMPEACHMENT OF HIM FOR

CAUSE.

ARTICLE ONE

Based on the totality of the evidence contained in the Record of the House Special Investigative Committee created under House Resolution 1650 (the "Committee Record") and as summarized in the Final Report of the Special Investigative Committee filed with the House of Representatives on January 8, 2009 (the "Final Report"), in his conduct while Governor of the State of Illinois, Rod R. Blagojevich, has abused the power of his office in some or all of the following ways:

1) The Governor's plot to obtain a personal benefit in exchange for his appointment to fill the vacant seat in the United States Senate, as more fully detailed in the Final Report at Section IV-A and in the Committee Record as a whole.

2) The Governor's plot to condition the awarding of State financial assistance to the Tribune Company on the firing of members of the Chicago Tribune editorial board, as more fully detailed in the Final Report at Section IV-B and in the Committee Record as a whole.

3) The Governor's plot to trade official acts in exchange for campaign contributions, namely the signing of legislation related to the diversion of casino gambling revenues to the horse racing industry, as more fully detailed in the Final Report at Section IV-C-1 and in the Committee Record as a whole.

4) The Governor's plot to trade official acts in exchange for campaign contributions, namely the awarding of a State tollway contract and the expansion of a tollway project, as more fully detailed in the Final Report at Section IV-C-2 and in the Committee Record as a whole.

5) The Governor's plot to trade official acts in exchange for campaign contributions, namely the release of pediatric care reimbursements to Illinois doctors and hospitals, as more fully detailed in the Final Report at Section IV-C-3 and in the Committee Record as a whole.

6) The Governor's plot to trade official acts in exchange for campaign contributions, namely the appointment to a position with the Illinois Finance Authority, as more fully detailed in the Final Report at Section IV-C-4 and in the Committee Record as a whole.

7) The Governor's plot to trade official acts in exchange for campaign contributions, namely the awarding of State contracts, as more fully detailed in the Final Report at Section IV-C-5 and in the Committee Record as a whole.

8) The Governor's plot to trade official acts in exchange for campaign contributions, namely the awarding of State permits and authorizations, as more fully detailed in the Final Report at Section IV-C-6 and in the Committee Record as a whole.

9) The Governor's refusal to recognize the authority of the Joint Committee on Administrative Rules to suspend or prohibit rules, his utter disregard of the doctrine of separation of powers, and his violation of the Illinois Administrative Procedure Act by unilaterally expanding a State program, as more fully detailed in the Final Report at Section IV-D and in the Committee Record as a whole.

10) The Governor's actions with regard to, and responsibility for, the procurement of flu vaccines, as more fully detailed in the Final Report at Section IV-E and in the Committee Record as a whole.

11) The Governor's actions with regard to, and responsibility for, the I-SaveRx Program, as more fully detailed in the Final Report at Section IV-F and in the Committee Record as a whole.

12) The Governor's actions with regard to, and responsibility for, the Agency Efficiency Initiatives, as more fully detailed in the Final Report at Section IV-G and in the Committee Record as a whole.

13) The Governor's violation of State and federal law regarding the hiring and firing of State employees, as more fully detailed in the Final Report at Section IV-J and in the Committee Record as a whole.

Under the totality of the evidence, some or all of these acts of the Governor constitute a pattern of abuse of power.

Wherefore, this abuse of power by Rod R. Blagojevich warrants his impeachment and trial, removal from office as Governor, and disqualification to hold any public office of this State in the future.